Rinaldo

The facts essential to a determination of the questions presented herein appear to be that some time prior to the date when the instant proceeding was instituted in this court, in pursuance of an order theretofore made by the respondent medical board, the license theretofore possessed by petitioner, Rinaldo, to practice medicine and surgery within the state of California was revoked; that thereafter, and as a result of a hearing in response to a writ of certiorari which theretofore had issued from the superior court, the said order made by the medical board was by said court annulled. But, on appeal taken from that judgment, it was ordered reversed;—in effect, it being held on said appeal that the medical board had not exceeded its jurisdiction in the premises. Thereafter, following the transmittal of the remittitur by the clerk of the court of appeal to the superior court, before any final judgment in the matter had been entered with reference to the judgment of the superior court in pursuance of the implied direction contained in the decision made by the court of appeal, assumedly in due course of procedure Rinaldo presented to the superior court his motion, in effect, that he…